Do you need a Judicial Review for a denied visa and do not know which professional to turn to? For a reliable advice that allows you to resume your immigration process in Canada, it is necessary to know the roles of both a lawyer and a consultant, since, although they coincide in many functions, there are differences in the scope that the law allows them, especially when it comes to representing you before the Federal Court.

In today's blog, I will help you clarify the difference in roles between a lawyer and a consultant so that you know who to turn to in cases of Judicial Review for visa denials. Let's get started!

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Judicial review and professional roles for its execution

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What is a Judicial Review and when does it apply?

A Judicial Review is a legal process that takes place in the Federal Court of Canada to determine whether an immigration officer made an error of law, acted unreasonably or violated procedural fairness in making a decision to reject your application.

In this process, the court does not evaluate whether or not the applicant is eligible for the permit or visa, but rather examines whether the government official's decision making was fair and lawful. This is a last chance to challenge an Immigration, Refugees and Citizenship Canada (IRCC) decision, therefore, it is a very valuable and determinative process that should be left to trained professionals authorized by law. 

But who is a professional authorized by law? For a Judicial Review, it is the lawyer. Let's look at the specific roles.

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Lawyer vs. consultant: what are their roles?

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Canadian law establishes a clear difference in the scope of authority for immigration lawyers and consultants and their professional roles do not always apply equally to certain processes.

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Role of the lawyer

The Canadian lawyer is the only professional authorized by law to represent a client in the Federal Court of Canada. His or her legal training and license allows him or her to argue before a judge, present evidence correctly and formally debate government decisions. If your case requires a Judicial Review, a Canadian lawyer is the right person.

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Role of the Immigration Consultant (RCIC)

A Regulated Canadian Immigration Consultant (RCIC) is an expert in Immigration, Refugee and Citizenship Canada (IRCC) policies and procedures . Their primary role is to advise, prepare and file applications, respond to requests and develop a sound immigration strategy. His authority is administrative and he is not licensed to represent clients in Federal Court.

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How do lawyers and immigration consultants work together to reverse your rejection?

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The success of your immigration process lies in having the right professional for each task. The best strategy in the face of an immigration rejection is to have a team that understands both areas: administrative and judicial.

An immigration consultant can analyze the refusal to understand the administrative cause, helping you prepare a new, stronger application. However, if it is determined that the decision was a legal or procedural error, a Canadian lawyer can take the case and represent you in Federal Court through an application for Judicial Review.

Having both professionals on board allows your case to be thoroughly evaluated to ensure appropriate action, which can increase the likelihood of a favorable resolution in the denial of your visa, work permit, PGWP, etc.

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Immiland Law Professional Corporation: Legal Representation Services in Canada

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At Immiland Law, we understand that the rejection of an immigration application deserves specialized attention. Our legal representation team for immigrants is composed of Canadian lawyers and regulated consultants who work hand in hand to offer a safe and reliable solution that guarantees the success of your visa.

To do so, we evaluate your situation and determine whether the rejection of your application was an administrative or judicial matter and refer the case to the appropriate professional.

If your application was rejected, you need to act in time and seek legal advice from the right professional. At Immiland Law, we are ready to help you. You can contact us today for a specialized consultation.

Visit our website: https://www.immilandcanada.com/law/inicio and explore all services for the immigrant in Canada.

I hope this topic clears up your doubts and you know who to turn to if your immigration application is rejected. Success in your process!

Thank you very much for reading, see you in the next blog!

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With love, 

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Immiland Law Professional Corporation